HLS 22RS-619 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 156
BY REPRESENTATIVE FREIBERG
TEACHERS/CERTIFICATION: Provides relative to criminal history review with respect
to teacher certification
1 AN ACT
2To amend and reenact R.S. 17:15(C), relative to teacher certification; to require criminal
3 background checks for those applying for an initial certification or teaching
4 authorization; to require criminal background checks upon the renewal,
5 advancement, or other modification of an existing certification or teaching
6 authorization; to authorize the state Department of Education to charge a fee for such
7 purposes; to provide for effectiveness; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 17:15(C) is hereby amended and reenacted to read as follows:
10 ยง15. Criminal history review
11 * * *
12 C.(1) Any applicant for a certification or teaching authorization shall
13 undergo a criminal history record check as provided in this Section.
14 (2) The State Board of Elementary and Secondary Education by rule adopted
15 in accordance with the Administrative Procedure Act shall establish requirements
16 and procedures consistent with the provisions of R.S. 15:587.1 for under which the
17 state Department of Education to determine whether an shall, for any applicant for
18 or the recipient of any certificate, license, or other a certificate or teaching
19 authorization issued in accordance with state law or board policy, do the following:
20 by the department or the board and who might reasonably be expected to be placed
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-619 ORIGINAL
HB NO. 156
1 in a position of supervisory or disciplinary authority over school children has been
2 convicted of or pled nolo contendere to any criminal offense. Included in this rule
3 shall be the requirement and
4 (a) Request information from the Louisiana Bureau of Criminal
5 Identification and Information, referred to in this Subsection as the "state bureau",
6 and the Federal Bureau of Investigation, referred to in this Subsection as the "federal
7 bureau", concerning whether the person has been arrested for or pled nolo contendere
8 to any criminal offense.
9 (b) Require and provide the procedure for the submission of a person's
10 fingerprints to the state bureau, and from the state bureau to the federal bureau, in a
11 form acceptable to the Louisiana Bureau of Criminal Identification and Information
12 state bureau.
13 (3) The state Department of Education may charge a criminal history record
14 check processing fee not to exceed twenty-five dollars, may collect the processing
15 fees charged by the state bureau for a state criminal history record check and the
16 federal bureau for a federal criminal history record check, and may collect the fees
17 charged by sheriffs and third-party vendors for fingerprinting. The department shall
18 timely submit the appropriate fees to the appropriate entities.
19 (4) Except as provided in R.S. 17:7(6)(h), the State Board of Elementary and
20 Secondary Education shall not issue a certification or a teaching authorization to a
21 person who has been convicted of or has pled nolo contendere to a crime listed in
22 R.S. 15:587.1(C).
23 (5) Any person with a certification or teaching authorization issued prior to
24 June 1, 2023, shall obtain a state and federal criminal history check, through the
25 procedures provided for in this Subsection for new applicants, when seeking to have
26 such certification or teaching authorization renewed, advanced, or otherwise
27 modified or by June 1, 2028, whichever occurs sooner. Except as provided in R.S.
28 17:7(6)(h), the state board shall not renew, advance, or otherwise modify a
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-619 ORIGINAL
HB NO. 156
1 certification or a teaching authorization for a person who has been convicted of or
2 has pled nolo contendere to a crime listed in R.S. 15:587.1(C).
3 * * *
4 Section 2. This Act shall become effective on August 1, 2022; however, the
5provisions of R.S. 17:15(C)(1) requiring a criminal history record check for applicants for
6an initial certification or teaching authorization shall not be implemented until June 1, 2023.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 156 Original 2022 Regular Session Freiberg
Abstract: Requires criminal history record checks for purposes of teacher certification and
authorizes the state Dept. of Education to charge a processing fee for such purposes.
Present law provides relative to the criminal history review of teachers and to their hiring,
dismissal, and certification with respect thereto. Proposed law requires criminal background
checks at the state and federal level for certification purposes, including the following:
(1)A requirement that all applicants for certification undergo a criminal background
check.
(2)The authority of the state Dept. of Education (DOE) to charge a processing fee of up
to $25 and to collect the fees associated with state and federal record checks and with
fingerprinting.
Proposed law requires anyone granted certification prior to June 1, 2023, to obtain a criminal
history record check in the same manner as provided in proposed law for new applicants
when seeking its renewal, advancement, or any other modification or by June 1, 2028,
whichever occurs sooner.
Present law prohibits BESE from granting certification to anyone who has been convicted
of or has pled nolo contendere to any offense listed in present law (R.S. 15:587.1(C));
present law (R.S. 17:7(6)(h)) allows exceptions under certain circumstances, including
specified drug offenses. Proposed law retains present law and further prohibits BESE from
renewing, advancing, or otherwise advancing the certification of anyone who has been
convicted of or has pled nolo contendere to any offense listed in present law (R.S.
15:587.1(C)).
Effective August 1, 2022; however, proposed law requiring an applicant for certification to
undergo a criminal history record check shall not be implemented until June 1, 2023.
(Amends R.S. 17:15(C))
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.